McNulty denied retrial for 2001 stabbing murder of girlfriend

SALEM – A Superior Court judge has denied Jerome McNulty?s latest effort to win a new trial in the stabbing death of his girlfriend in 2001.McNulty, 30, is serving a life sentence at MCI Norfolk state prison after he was found guilty of first-degree murder in a 2004 trial in Salem Superior Court for the killing of Linda Correia on March 29, 2001.His new lawyer, Sharon Fray-Witzer argued during a hearing this summer before Judge Howard J. Whitehead that errors were made involving McNulty?s statement, which she maintains should have never been submitted by the trial judge and that his trial lawyer, Edward Hayden, was ineffective counsel.On Friday, Whitehead ruled from the bench his findings, concluding that a very small portion of McNulty?s statement could have been omitted, but that it would not had changed the verdict and that “there was no prejudicial error.”He also ruled that although the defendant now asserts it would have made a difference if he claimed diminished capacity, the judge felt it would not have made a difference in the verdict.At the time of the trial, his defense was he suffered post-traumatic stress disorder and overreacted to a perceived threat.Whitehead concluded that he found no evidence that Hayden was ineffective counsel in his tactics and decisions during the trial.The judge also declined to reduce any portion of the verdict handed down by the jury during the trial.Prosecutor Kenneth Steinfeld represented the commonwealth on the motion.McNulty, formerly of Lynn, was convicted by a jury of the murder of 27-year-old Correia?s, as well as assault and battery with a dangerous weapon for stabbing Correia?s 10-year-old daughter in her leg and slashing a 20-year-old pregnant babysitter.Correia was stabbed 15 times in her neck, face and chest with a long-bladed knife just before 7 a.m., in her apartment at 10 Peabody St., in Salem.Police were summonsed to the apartment after receiving a 911 call. When they arrived they found Correia lying in a pool of blood. She was taken to Salem Hospital where she died that day. Police arrested McNulty shortly after the incident on Lafayette Street in Salem.His case is also being appealed to the Supreme Court, which is automatic with all first-degree murder convictions.